Criminal Code

Marginal note:Kidnapping

• 279 (1) Every person commits an offence who kidnaps a person with intent

  • (a) to cause the person to be confined or imprisoned against the person’s will;

  • (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or

  • (c) to hold the person for ransom or to service against the person’s will.

• Marginal note:Punishment

  (1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

  • (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.

• Marginal note:Forcible confinement

  (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

• Marginal note:Non-resistance

  (3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.